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Enforcement while a dispute is open

Enforcement does not prove the figure is correct. You can challenge the calculation and deal with enforcement at the same time — in writing, with a clear record.

Keep paying undisputed amounts where you can. Say so in every letter. Stopping all payments can make the dispute harder even when part of the balance is wrong.

First 48 hours

  1. Record the enforcement type, date, amount, and any employer or bank reference.
  2. Separate the balance into disputed vs undisputed — pay the undisputed part if possible.
  3. Send an enforcement-review letter asking CMS to confirm the measure and review it while the dispute remains open.
  4. If you do not yet have a written calculation/arrears ledger, request one the same day.
  5. Log everything in My Case or the case timeline.

Common enforcement types

Deduction from earnings (DEO)

CMS instructs your employer to deduct maintenance from wages. Ask what protected-earnings rules apply and for a written schedule.

Deduction from benefits

Amounts can be taken from certain benefits, often with statutory caps. Ask CMS to confirm the legal basis and weekly amount in writing.

Regular deduction / lump sum orders

Bank-based collection. Keep statements showing every deduction and any Direct Pay credits that should have reduced the balance.

Liability order / court

More serious escalation. Seek regulated advice promptly. Keep paying undisputed liability and continue any MR or tribunal process.

Collect & Pay fees during a dispute

On Collect & Pay, paying parents are charged a 20% collection fee on top of maintenance (receiving parents 4%). Ask for a schedule that separates maintenance, fees, and arrears recovery.

Background: Findings → Collect & Pay fees and Guides → Collect & Pay.

Affordability

Low-income paying parents are over-represented in CMS arrears statistics. If you cannot afford the assessed amount, say so in writing, ask what deduction limits apply, and keep evidence of income and essential outgoings for any complaint or tribunal.

Affordability does not replace a calculation challenge — run both tracks if the figure and the collection pressure are wrong.

Letters and tools

Enforcement-review letter Request ledger Dispute route map Find your MP

Not legal advice. For liability orders or court action, contact Citizens Advice or a solicitor.